Inheritance and Greedy Siblings After Death in New York City

The topic of inheritance and greedy siblings after death can often be a touchy one. But there is no denying that money-hungry siblings can use various tactics to siphon off more inheritance than their fair share. And reversing the money grab can be difficult and costly.

Before the demise of their parents, these siblings can be very persuasive. They might convince their parents to hand over most of the property or alter their will or trust to favor the greedy siblings. This, unfortunately, can leave the other siblings high and dry.

And the schemes don’t end with the parents’ passing. Post-death, the bulk of inheritance theft happens when a sibling, named as the executor or administrator of the estate, misappropriates funds for personal use. Another common scenario is a sibling swiftly snagging valuable property, like pricey artwork or jewelry, before an official estate inventory takes place.

Here, we are going to bring your singling’ schemes to light, and give you some useful strategies to reclaim your rightful share of the inheritance. And if you need to speak with an estate litigation attorney, get in touch with us right away. Give us a call at 212-233-1233 or send us an email at [email protected].

Before a parent’s passing, greedy siblings make their move. They coax the parent into directly transferring property to them, misuse their power of attorney to reroute property to themselves or their loved ones, or influence the parent to modify their will or trust to diminish or totally exclude another sibling.

Sibling Convinced a Parent to Transfer Property

Inheritance and greedy siblings can often make for a challenging combination. In some cases, a sibling might receive property from their parents before their death, unbeknownst to the other siblings. This ‘greedy’ sibling is typically the one most proximate to the parent, either emotionally or geographically, or the one who has taken on the role of caregiver. If you find yourself in such a situation, remember, there are legal remedies available. Prompt consultation with a trusts and estates lawyer, like us, can help you to assert your rights swiftly.

When property is slyly transferred to the greedy sibling before a parent’s death, you have the option to file a lawsuit to nullify the transfer. You can argue that the parents’ consent was flawed or ‘vitiated’, suggesting that the transfer was influenced by the undue manipulation of the greedy sibling, among other possible reasons.

Undue influence is a commonly cited reason for invalidating a will or transfer. To substantiate a claim of undue influence, you need to demonstrate motive, opportunity, and the actual occurrence of such influence. The motive is typically clear, especially when significant property has already been transferred to the detriment of the other siblings. Opportunity can be easily demonstrated when the greedy sibling had the most access to the parent.

However, proving the actual instance of undue influence can be trickier as these manipulations often occur in private, between the parent and the greedy sibling, without witnesses. Nevertheless, circumstantial evidence can be instrumental in building your case. This might include medical records indicating the parent’s weakened state, the parent’s reliance on the greedy sibling for daily tasks, and the fact that the greedy sibling was the one who enlisted and guided the lawyer in preparing the property deed.

With the aid of an experienced trusts and estates lawyer like us, you can file a petition to annul the transfer made to a greedy sibling before your parents’ passing.

However, keep in mind that we are not able to bring this kind of lawsuit until after your parent’s death. If your parent is still alive and you believe that they do not have the mental capacity to make financial decision and your sibling is taking advantage of them financially, the best thing to do is to consider a guardianship.

Sibling Used a Power of Attorney to Transfer Property to Himself

When parents age, they usually execute a power of attorney when they still have capacity, appointing their child as attorney-in-fact to manage their property. When the parent has difficulty making bank withdrawals, managing his own property and affairs, paying the bills on time, or even doing the groceries, the child who was appointed attorney-in-fact steps in and manages the financial affairs of the parent. Usually, this child is the one closest to the parent in proximity.

The sibling who is appointed attorney-in-fact of the parent through a power of attorney is considered a fiduciary. As a fiduciary, the sibling owes duties of care, honesty, and loyalty towards the principal (who is the parent). This means that the sibling always has to act in the best interests of the parent. When a sibling uses the power of attorney to transfer the parents’ property to himself, his spouse, his child, his business, or his friend for a price less than market value, that greedy sibling may be considered self-dealing and acting with conflict of interest. It is important to immediately consult a trusts and estates lawyer like us because any transfer made under these circumstances can be considered void.

Sibling Convinced a Parent to Give Him More Than His Rightful Share of Will or Trust

When a greedy sibling convinces the parent to change the will or to create a will that gives less or cuts off other siblings in the will, you can claim that the greedy sibling exercised undue influence over your parent when drafting the will. You may contest the will because when the will is denied probate, your parents’ estate will be distributed in accordance with New York laws of intestacy. In intestacy, all children inherit from their parents in equal shares.

Usually, this greedy sibling who convinces the parent to cut off other siblings is the one closest in proximity to the parent. They may live together or near each other, while the other siblings live in other states, or sometimes, even in another country. This gives the greedy sibling many opportunities to convince the parent to write a will in the greedy sibling’s favor, without the knowledge of the other siblings. Sometimes, this greedy sibling is the one taking care of the parent without any compensation and because of this, he might feel that he is entitled to more of his parents’ estate than the other siblings.

Regardless of the reason why you may have been cut off from your parents’ will, you can contest the will on the ground that the parent wrote a provision in the will or the entire will under undue influence. As previously mentioned, undue influence requires a showing of motive, opportunity, and actual exercise of undue influence. When you are faced with this situation, it is important to immediately consult with a trusts and estates lawyer like us because there are specific time periods in which you must contest a will (usually on the return date of citation). For this reason, acting decisively and promptly is important. For more information, you can email us at [email protected].

Greedy Sibling Took Property From the Estate After Death

Once the parents die, a greedy sibling may resort to further underhand tactics. These can involve pilfering valuable property from the parents’ home before an inventory of the estate is made, or if appointed as executor or administrator, using the estate’s funds for personal benefit.

Sometimes, when a parent has died, a sibling who has access to the parent’s house can already take property from the house without anyone’s knowledge. It has happened in some instances that a parent’s engagement ring, valuable jewelry, or expensive art has gone missing from the house after his death. In this case, the executor or administrator can institute discovery or turnover proceedings to recovery property belonging to the estate. If the executor or administrator does not know where the property is, then the first part is usually instituted which is a discovery proceeding that allows the executor or administrator to inquire third parties about the whereabouts of estate property. When the executor or administrator knows where estate property is, then a turnover proceeding can be instituted to request the third person with possession to turn over the property. This will require the court to determine whether the estate indeed has title to the property and whether turn over of the property to the estate is proper.

Discovery and turnover proceedings are not only used to discover and turn over property taken after the death of the parent, but also prior to the death. For example, if a lot of money was given to one sibling prior to the parents’ death, the executor or administrator may institute a discovery and turn over proceedings to determine whether such money given to the sibling was considered a loan or a gift. In case you have questions in this matter, you can always consult a trusts and estate lawyer like us. You can send us an email at [email protected]

Sibling Used Estate Funds for Personal Purposes

Sometimes, a sibling is appointed as executor or administrator of the estate. An executor or administrator is a fiduciary who owes duties of care, honesty, and loyalty to the estate and its beneficiaries. The fiduciary should always act in the estate’s and beneficiaries’ best interests. However, sometimes, a sibling might think that estate funds can be used for his own personal purposes. When a greedy sibling who is an executor or administrator withdraws money from the estate account and uses it for his own personal purpose, there is an improper appropriation of estate assets.

That greedy sibling can be removed as fiduciary and can be surcharged for the amount taken from the estate. You can compel the greedy sibling to account for estate funds and make your objections during the accounting. If that greedy sibling is trying to sell estate property to himself, his family member, or to a friend for an amount below market value, you can apply for a temporary restraining order to restrain the sale of property below market value. In all cases, the sibling can be made to pay for any damage that the estate might have incurred by reason of the greedy sibling-executor/administrator’s mismanagement.

Depending on the situation, there are several remedies one can pursue to prevent inheritance theft of greedy siblings. If you are faced with any of these situations, consult with a trusts and estates lawyer like us so we can give you advice on the remedies you may pursue to enforce and protect your rights.

If you need assistance, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York City. You can call us at 212-233-1233 or send us an email at [email protected].